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Unfortunate. It is the Law enforcements job to secure the accident sight. I know there are rivalrys between FD and PD traditionally. Perhaps there was a history. If he wasn't arrested and there was no prevention of medical care, I say no harm no foul. They can work it out at the annual FD vs PD football game for charity.

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When you're detained by a Police Officer and you're not free to go, you're under arrest. Whether that be getting pulled over for speeding or being cuffed and placed in the back of a Police car for 30 min like the firefighter was. You think the Officer put him in the back of the car because he needed a timeout?

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When you're detained by a Police Officer and you're not free to go, you're under arrest. Whether that be getting pulled over for speeding or being cuffed and placed in the back of a Police car for 30 min like the firefighter was. You think the Officer put him in the back of the car because he needed a timeout?

A handcuffing is a detention. A detention is not an arrest. In some dictionary definitions, yes. But not according to the legal definition of the terms. They are not the same. A police officer may place an individual in handcuffs following a robbery for his safety while he ascertains what transpired and whether or not the person he detained is the suspect or not. During this time the individual is not under arrest. He is just temporarily restricted from leaving the scene.

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I think the real determination if you were arrested is if you got a bologna sandwich or a reheated burrito.

BTW although the CHP has jurisdiction on the highway they were late to the scene and the officer was interrupting rescue services in progress. Much as I hate being stuck in these traffic jams and wish they would open a lane I think the officer over stepped his authority by forcing a non issue. The truck being moved could wait.

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The lovely 9th Circuit Justices go back-and-forth over their own rulings seemingly every year on what constitutes "arrest." But at its most basic, you are arrested at detention (depending on circumstances). Refusal to sign a traffic ticket will sometimes get you booked for resisting/interfering. Generally, arrest is defined by the mindset of the detainee. But, we detain people in handcuffs during investigations as well.

Anyway, that was a dick-move by the CHP guy. I'd bet there's some underlying issues out there between the two Departments. I was a Lifeguard/EMT before I was a copper and my best friend is a Medic for Cal-Fire, so I just try to follow the Golden Rule.

We settle our scores on the ice much like FDNY/PD, tho we haven't been challenged by Fire in a couple years.

One important thing we've all learned about Fire is that they hate it when cops get "first-water." 8}

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i would think a police officer has to notify you that you're being arrested. you would then have to be processed. i think you can be detained until they determine they either actually arrest you or let you go.

i would think if you're in handcuffs, then they've probably arrested you and said "you're under arrest."

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i would think a police officer has to notify you that you're being arrested. you would then have to be processed. i think you can be detained until they determine they either actually arrest you or let you go.

This, I believe cops handcuff people all the time saying, "you're not under arrest, you're just being detained."

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This, I believe cops handcuff people all the time saying, "you're not under arrest, you're just being detained."

LBHalos, sound about right?

Yes. An example is when we serve search warrants. Most of the adults are detained in handcuffs, until the case Officer decides who is going to jail. Another common misnomer is that you must have your Miranda Rights read to you upon arrest. Only true, if you are being questioned/interrogated regarding the arrest.

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Just another cop with authority issues letting emotion take over when he doesn't get his way.

Sick of all these asshats and their entitlement.

Totally agree with you about this situation; thanks for painting all of us the same way though. Short of the Fireman attacking the Officer, I don't see much justification for cuffing him and tossing him into the backseat. I'd expect there's more to this story about why this Officer did what he did.